Rodriques v. New York, New Haven, & Hartford Railroad

This is an action to recover damages for the death of Joseph Rodriques, which occurred at a grade crossing of the tracks of the defendant with a public way. The declaration contains two counts. The first is under St. 1906, c. 463, Part II, § 245, by which liability is established against a railroad which fails to give signals required by said chapter, Part II, § 147, for the crossing of a public way, whereby death ensues to a traveller on the way, unless his own gross or wilful negligence or unlawful act contributed to the death. The second count is framed on § 63, Part I, of said chapter, as…